In the dynamic world of cryptocurrencies, there are numerous ways for companies to promote projects and build a dedicated community. These include airdrops, which are used to distribute tokens or coins to a broad mass of people for free.
We will show you how airdrops work in detail,
Read more
Every now and then, employers want to or have to let employees go, but the law on protection against dismissal does not quite play along. Severance payments in termination agreements are then a common way of sweetening the pill for employees. But are outplacement or new placement a good alternative to make it easier for employees to say goodbye and make a fresh start?
Read more
Recently, more and more reports about the inheritance dispute between Reinhold Messner and his children have appeared in the press. Although he had already transferred the majority of his assets to them several years ago, massive conflicts and mutual accusations have now arisen.
This prominent example shows how important it is to carefully plan the transfer of assets and property during one’s lifetime.
Read more
Young people tend to suppress the topic of death and all other related issues. This is especially true when it comes to wills. But at the latest when it comes to getting married and starting a family, young couples should consider the topic of wills and make individual arrangements.
Read more
Employers often cover training costs for their employees. However, employers do not have a statutory right of repayment against employees if employees leave the company shortly after training, for example. However, (labour) contract regulations on the repayment of training costs can solve this problem in an interest-oriented manner.
Read more
If several people become heirs and want to divide the estate among themselves, a “division of the estate” must take place. This often leads to disputes. Especially if the testator has left a property. This is because real estate usually has a value that is difficult to estimate. The inheritance settlement agreement to be concluded between the heirs must take into account both the legal and tax aspects of the division of the property.
Read more
Germans like to donate. And yet it is not always clear to citizens whether the recipient is reputable and whether the money is being used as the donor intended. In order to create more transparency, the nationwide donor register introduced on 01.01.2024 is intended to provide a remedy.
Read more
The term “ESG” is currently on everyone’s lips. ESG is no longer just a buzzword, but an expression of a changed economic culture as a result of social change, climate change and political crises. But why should non-profit organisations (NPOs) devote themselves to this topic and position themselves accordingly for the future?
Read more
In March 2024, the Federal Ministry of Finance (BMF) published a draft amendment on the taxation of cryptocurrencies. This draft clarifies tax declaration, cooperation and record-keeping obligations that were already discussed in July 2022 but not implemented. Our article sheds light on the details.
Read more
Non-fungible tokens (NFTs) offer companies a wide range of opportunities for new business models and sources of income. These digital assets have the potential to fundamentally change the way digital and physical goods are handled. At the same time, NFTs present companies with complex VAT challenges.
We look at possible business models opened up by NFTs and then address the challenges that arise when it comes to NFTs and VAT.
Read more
Utility tokens open up new business models and revenue streams for companies that would not be possible in traditional markets. This gives them flexible and innovative ways to finance, retain users, reduce costs and create a dynamic and engaging blockchain ecosystem.
But what about the taxation of utility tokens?
Read more
The Hamburg tax office has decided that airdrops of the Ethereum Name Service (ENS) and the Terra Name Service (TNS) are taxable. However, this opinion has no normative binding effect for other tax authorities. It is at the discretion of each tax authority to take its own tax position. Our article sheds light on the details and implications.
Read more
Employers often use recruitment agencies to recruit staff. A contractual clause that obliges employees to repay the agency commission in the event of premature termination is invalid. Find out more about the details and the ruling of the Federal Labor Court here.
Read more
The Skilled Immigration Act is intended to counteract the enormous shortage of skilled workers in Germany. Following the first stage in November 2023 and the second stage in March 2024, the third stage will now bring about changes to the immigration of skilled workers for the last time.
Read more
When it comes to transferring assets to the next generation, there is always the issue of gift tax. If securities accounts are transferred by way of anticipated succession, a so-called usufructuary account reduces the gift tax for the person receiving the gift.
Read more
If you want to set up a non-profit organization (NPO), sooner or later you will have to think about the right legal form and organization. To found an NPO, you can use the common legal forms from company law (GbR, GmbH, etc.).
It is important to know here: Under certain conditions,
Read more
Even if an employer’s surveillance measure was not carried out in full compliance with the requirements of data protection law, there is generally no prohibition on the use of recordings obtained from open video surveillance in a dismissal protection process. Find out more about the details and legal implications of this judgment in this article.
Read more
Are you aware that there is a duty of disclosure for gifts and acquisitions by reason of death in accordance with Section 30 of the Inheritance Tax and Gift Tax Act (ErbStG)?
This duty of disclosure is an essential aspect of the tax treatment of inheritances and gifts and must be made within a certain period of time.
Read more
Anyone thinking about getting involved in society – possibly together with others – must decide at some point what legal form this should take.
If you want to set up a non-profit organization (NPO), you can use the usual legal forms from company law (GbR, GmbH, etc.). However,
Read more
Owning a home often plays a central role in the lives of many families. Whether for their own use or as an investment, their own four walls should also offer their descendants stability and security.
To ensure that this also works in reality, the issue of transferring a property should be addressed at an early stage.
Read more
Since November 2023, the first adjustments to the right of residence under the Skilled Immigration Act have taken effect. Since the beginning of March 2024, further regulations have been in place to facilitate the immigration of skilled workers in order to counteract the shortage of skilled workers.
In this article,
Read more
At the end of 2023, numerous online poker players who had carried out their activities on various platforms received mail from the tax investigation authorities. Some of these players were asked to complete a questionnaire regarding their poker activities. Others were immediately confronted with the opening of criminal proceedings on suspicion of tax evasion.
Read more
The idea of equal pay for equal work or work of equal value – equal pay – is not new. And yet this demand has only really gained momentum in recent years. However, equal pay naturally requires transparency as to who receives what pay in what function. This is where the EU’s Pay Transparency Directive (EntgTranspRL) comes in.
Read more
Landlords beware: How to avoid unintentional mistakes on your tax return!
This article will give you an insight into how landlords can unintentionally become tax evaders. As the tax regulations in the area of letting are very complex, misunderstandings can easily arise and even well-intentioned actions can lead to serious consequences such as criminal tax proceedings.
Read more
Did your parents or grandparents once fulfill their dream of owning their own property in Italy? Whether it was a vacation apartment on Lake Garda or a house in Tuscany, it is possible that this property will be included in the estate.
But what do you do with the property then?
Read more
Claiming the compulsory portion is often necessary after a disinheritance if heirs do not want to fulfill the compulsory portion claim or want to pay out too small a share of the value of the estate.
But who is entitled to the compulsory portion? Who can sue for the compulsory portion?
Read more
When it comes to maternity protection pay and the amount of maternity protection pay under the Maternity Protection Act (MuSchG), the last three months before the start of a pregnancy are relevant for the calculation. This is not a problem for women with a fixed monthly income or a low proportion of variable remuneration.
Read more
Bogus self-employment is a recurring issue for companies that employ freelancers and for freelancers themselves. And yet both sides tend to bury their heads in the sand when it comes to this issue and hope that everything will work out. However, it would be better to address this problem proactively and find solutions.
Read more
Wills are always a cause of dispute and anger among relatives of a deceased person. And it is not uncommon for relatives to want to contest a will. The motives for contesting a will are then very different.
However, it is not always possible and/or sensible for a relative to contest a will.
Read more
Many people associate the topic of tax evasion with celebrities who “end up” in prison for a certain period of time with a lot of hype in the tabloids. We remember, for example, soccer managers, ex-professional tennis players or star chefs who were tried for tax evasion, sentenced to prison and had to spend some time in jail.
Read more
Focus on the BAG ruling from August 24, 2023
In a recent employment law case, an employee was terminated without notice after insulting, racist, sexist and violence-glorifying remarks surfaced in a chat group with colleagues. The members of the group were long-time friends and colleagues, but the employer learned of the remarks and terminated the employee.
Read more
The tax office has gained access to crypto trades – a wake-up call for all crypto traders.
How to inspire top talents with flexible working models and keep legal and tax aspects in focus.
In today’s working world, flexibility is becoming increasingly important, both for employers and employees. One innovative option that has emerged in recent years is workation.
Workation combines work and leisure by allowing employees to work in an attractive location abroad.
Read more
A new wind is blowing through the crypto world, as discussions are underway in the U.S. about whether Alternative Coins (Altcoins) should be classified as securities. This potential change raises questions:
The Whistleblower Protection Act (HinSchG) is currently on everyone’s lips – after all, the legislator has managed to transpose the EU Whistleblower Directive into federal law: the Whistleblower Protection Act will come into force on July 2, 2023.
The main focus of discussion is the obligation, from a compliance point of view,
Read more
Employing full pensioners is a good way for employers to fill staffing gaps in times of a shortage of skilled workers and general staff shortages. In particular, the use of full pensioners is relatively uncomplicated for employers: in many respects it is no different from the use of non-pensioners, and in some cases there are even advantages.
Read more
From July 1, 2023, the Act on the Unification of Foundation Law will come into force, bringing together, supplementing and clarifying many previously unclear, contradictory or incomplete points in foundation law. In addition to new, uniform federal regulations, the reform also includes the introduction of a central foundation register. The changes are intended to provide greater legal certainty in matters of liability,
Read more
Everyone is talking about a shortage of skilled workers – but what can companies do to retain good employees in the long term? In addition to a good working atmosphere, performance-related pay is of course a very important factor. However, more than half of every euro of a salary increase often goes to taxes and social security contributions.
Read more
At the end of 2022, the German Federal Labor Court (Bundesarbeitsgericht – BAG) issued a landmark ruling stating that recording working hours is no longer a “can” but a “must”. Employers must – even now! – record the working hours of their employees. For new-work models based on trust-based working time,
Read more
With the decision of the Federal Fiscal Court (Bundesfinanzhof, BFH) of February 28, 2023, the highest German fiscal court has now for the first time taken a position on income tax issues relating to crypto assets – Bitcoins and Co.
In it, the previously issued fiscal court decisions are followed and also essential excerpts of the BMF letter of May 10,
Read more
Under certain conditions, parents in Germany are entitled to child benefit. As of January 1, 2023, the entitlement to child benefit is a uniform 250 euros per month and child and is paid out to parents by the family benefits office. So far, so good.
But if the family benefits office pays out child benefits even though parents are not (or no longer) entitled to them,
Read more
Real estate valuation in the event of a gift or inheritance has always been a bone of contention. Now, the legislator has reformed the Valuation Act – and with significant effects on the calculation of inheritance tax and gift tax in connection with real estate. This is because the value of real estate has been determined on the basis of the market value for the calculation of gift and inheritance tax since the changes to the law on 01.01.2009.
Read more
Whether and when vacation becomes time-barred is a question that can of course also be of burning interest to employers: After all, whether their own employees are still entitled to vacation or not can become relevant above all if an employee leaves the company and in this context asserts claims for vacation compensation.
Read more
In the first months of the Corona crisis, the government granted emergency aid to smaller companies and solo self-employed persons who found themselves in an existential emergency. Eligibility to apply for Corona emergency aid was conditional on the existence of a short-term liquidity shortage. According to the approval notice, all recipients of emergency aid are obliged to check whether the predicted liquidity bottleneck has actually occurred.
Read more
The inflation compensation premium is currently the talk of the town. After all, it gives employees hope that they will receive a payment of up to 3,000 euros from their employer to compensate for the current rapid inflation – tax-free and free of social security contributions.
What is correct is that employers have the option of paying employees an inflation compensation bonus.
Read more
From 01 October 2022, the statutory minimum wage will increase to EUR 12 per hour. At the same time, the remuneration for mini-jobs will be increased from EUR 450 to EUR 520 per month.
In connection with the mini-job, there are a number of things to consider from an employment law perspective.
Read more
Evidence Act: Employment contracts must be put to the test with regard to mandatory transparent working conditions
From 1 August 2022, the amended regulations of the Verification Act will apply. The background to this is the EU Directive 2019/1152 (Working Conditions Directive), which comes into force on 31 July 2019.
Read more
An inheritance – despite all the personal tragedy – is often a financial blessing for the heirs. Never before has so much wealth been inherited in Germany as at present. However, there is also the other case: the testator or the testatrix – e.g. one’s own parents or spouse –
Read more
Information about a GbR and the persons behind the GbR has not been as easy to obtain as, for example, in the case of a GmbH.
This will change on 01.01.2024 when the Act to Modernise the Law on Partnerships (MoPeG) introduces the company register for civil law companies.
Read more
Overtime and its compensation are often the cause of disputes between employees and employers. This is especially true when overtime is still “on the books” after a dismissal and ex-employees want to be paid for this overtime.
But who has to prove whether overtime was actually worked? So far,
Read more